We (Yell Limited or 'Yell') provide the elsort.com website. We are a limited company registered in England and Wales (registration number 4205228) and our registered office is at 3 Forbury Place, Forbury Road, Reading, Berkshire, England, RG1 3YL, United Kingdom.
We legally own a wide range of intellectual property rights used in and relating to the Yell Websites, including:
each of the trade marks Yell, elsort.com, Yellow Pages, 118 24 7, Call Counter Geo and related logos;
our business-listings directory database (the “Database”);
the design, text, graphics, articles, blogs and other content of the web pages on the Yell Websites, together with all the web addresses associated with those web pages, other than those which we use under licence;
our registered designs for the Database with registration numbers 000881750-0001 to 000881750-0005; and
in all the software used in relation to the Yell Websites, other than that which we use under licence.
elsort.com also has information supplied by other organisations, including information about:
maps, licensed by Google and Codepoint TM from Ordnance Survey for full UK post codes content. There are limits on what you can use map information for. Please visit http://maps.google.com/help/terms_maps.html for more details .
the TUBE ROUNDEL and SANTANDER CYCLE HIRE logos and Cycle hire availability data, licensed from Transport for London.
In addition to the Conditions, use of Yell Motors is further governed by the terms and conditions set out at http://carsnip.com/terms .
Yell Motors is a platform hosting listings of vehicles offered by third party sellers for sale, generating valued valuations of vehicles, and connecting buyers and sellers of vehicles.
Yell does not have possession of any vehicle listed on Yell Motors and shall not be involved in the actual transaction between buyers and sellers other than as a channel for communications between buyers and sellers. Nothing on Yell Motors, the functionality or Yell Motors or in these terms shall be taken as an invitation to treat, offer or acceptance for the purchase or sale of a vehicle.
Yell has no control over and does not guarantee or warrant: (1) the correctness or accuracy of vehicle listing and valuations; (2) the existence, quality, safety or legality of vehicles advertised on Yell Motors; (3) the truth or accuracy of listings; (4) the ability of sellers to sell vehicles; (5) the ability of buyers to pay for vehicles; or (6) that a buyer or seller will actually complete a transaction. Any such guarantee or warranty shall be excluded to the extent permissible by law.
The following data, which may be personal data, is collected by Yell Motors, Yell and it's subcontractors / suppliers (including Carsnip, Mandrill, The Car Buying Group, Google), and is necessary to deliver the functionality of Yell Motors: name, email address, phone number, address, vehicle VRM, vehicle make, vehicle model, vehicle mileage, and vehicle valuation ("Yell Motors Data"). Interest in buying or selling a vehicle can be inferred from the Yell Motors Data. You consent to Yell and it's subcontractors / suppliers processing the Yell Motors Data for the purpose of delivering the functionality of Yell Motors.
About these conditions
For the purpose of these Conditions, the term “Yell Websites” refers collectively to the following Yell websites and the term “Yell Website” refers to any one of the following:
including any other website we may own or run from time to time that links through to these Conditions.
If you log on to or use any part of the Yell Websites you agree to these Conditions. If you do not want to agree to these Conditions, do not log on to or use the Yell Websites.
When you buy products or services via any of the Yell Websites, the products or services you buy may be subject to other terms and conditions, guidelines and policies and you should carefully read through the terms and conditions of the Yell Website that you intend to purchase from before placing an order.
We may change these Conditions at any time without giving you notice. Please check these Conditions from time to time for any changes. By continuing to use a Yell Website you agree to all the changes we make to these Conditions.
Where any of the Yell Websites allow you to:
order goods and services and to pay for the goods and services;
contact the organisations that provide these goods and services; or
bid for certain Yell products and services,
we may limit your access to all or some parts of the Yell Websites or may not accept you as a Yell business account holder (as the case may be), depending on whether you have registered with us or, in the case of a Yell Business Account, completed and submitted an online registration form. Also you may not be permitted to order products and services / pay for those products and services until you register with us. We may, in our absolute discretion, accept or refuse any registration application.
Please do not tell other people your log in details, password or any other piece of information that is part of our security procedures. We take steps to prevent people misusing the Yell Websites and to make sure that our rights are not affected. You are responsible for the content of any material provided using your log in details and password. You must notify us immediately if your log in details and / or password, are used without your permission. We have the right to disable any account if, in our absolute discretion , you have failed to comply with these Conditions, including if your display name is inappropriate in any way.
You acknowledge and agree that:
you are responsible for any Yell account (your “Yell Account”) you use whilst on any of the Yell Websites and maintaining the confidentiality of your password and you shall take all necessary steps to ensure that your password is kept confidential and secure;
you shall inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being used or is likely to be used in an unauthorised manner;
you accept all responsibility for any and all activities that occur at or through your Yell Account (whether authorised or not); and you shall ensure that all information that you provide to us is and remains at all times true, correct and complete.
You must make sure that:
all information you give us is true, correct and complete and let us know if it changes; and (where applicable)
all electronic files you give us use properly licensed software and are free from viruses and other malware.
Subject to these conditions, we shall endeavour to:
make the Yell Websites available; and,
(if you use Yell Business to place an order) send to the email address that you provide an email confirming receipt and details of any order that we accept.
You cannot use a Yell Website:
for any unlawful purpose;
to harm, threaten, abuse or harass another person, or in a way that invades someone's privacy or is (in our reasonable opinion) offensive or is unacceptable or damaging to us or any other company within our group of companies;
to create, check, confirm, update or amend your own or someone else's databases, records, directories, customer lists, mailing or prospecting lists;
to provide any kind of commercial information service;
as a source of material or contact data for any kind of marketing activity;
in a way that affects how it is run;
in a way that imposes an unreasonable or disproportionably large burden on our communications and technical systems as determined by us;
to tamper with, update or change any part of the Yell Websites;
use any automated means to monitor or copy the Yell Websites or their content, or
to interfere with or attempt to interfere with how a Yell Website works.
You must not artificially increase the number of click counts or click-throughs for any advertisement or advertiser, including by:
any manual means (such as repeatedly clicking on adverts or refreshing pages);
any automated means (such as computer-generated search requests or similar devices); or
asking someone to carry out these activities (including by offering any benefit or incentive).
We have the right to investigate your online activities, your online account and any order that you place with Yell for 'click-fraud' or any similar activity. You agree to provide reasonable help with these matters.
We may suspend and have the right to modify all or any part of the Yell Websites, (including any services or products that we offer on the Yell Websites) or your access to them, at any time without telling you beforehand. We won't be responsible to you for any changes we make or for ceasing operation of all or any part of the Yell Websites. In doing so we will endeavour not to diminish the value of any products or services that we offer to any material degree.
We may suspend or cancel your use of the Yell Websites or your online account with Yell or user details relating to any of the Yell Websites if:
you do not keep to these Conditions;
you use the Yell Websites in an inappropriate or unreasonable way;
you fail to pay the charges you owe us for any products or services you buy from us (whether you buy them through any of the Yell Websites or through another sales channel);
we suffer from any event or circumstance which is beyond our reasonable control or which we could not reasonably be expected to have taken into account at the date of commencing to provide the Yell Websites to you, and which results in or causes our failure to perform any or all of our obligations under these Conditions (including, without limitation, any act of God, lightning, fire, storm, flood, earthquake, act of the public enemy, war declared or undeclared, threat of war, terrorist act, blockade, revolution , riot, insurrection, civil commotion, industrial action, public demonstration, strike, sabotage, act of vandalism or explosion); or
where you have a Yell Account with any Yell Website, any bankruptcy or insolvency proceedings are brought against you, or a receiver, an administrative receiver or an administrator is appointed over any of your assets or, if you are a company, you go into voluntary liquidation (except for the purposes of amalgamation or reconstruction).
To be clear, if we suspend or cancel any of your Yell Accounts or Yell user details, you will still have to pay us for any products or services you have bought from us.
Material provided to any Yell Website
If you provide any material to any Yell Website (for example, by commenting on a blog, posting a review or uploading any other content including a video), you agree to grant us permission, irrevocably and free of charge, to use your material in any way we want on any website or otherwise (including altering and adapting it for operational or editorial reasons) in any media worldwide, which may include syndicating the material to selected third party social media and networking sites.
After posting or emailing your material to any Yell Website, you continue to own that material, and you continue to have the right to use your material in any way you choose.
Please choose carefully any information you post on any Yell Website, as it will be available for public viewing. By providing any material to a Yell Website, and for us to be able to use it, you confirm you and the material comply with all obligations set out in these conditions, and in particular that:
your material is your own original work or you are authorised to provide it any Yell Website
your material is not defamatory (that is, it does not damage someone's good reputation), does not contain any material which is harassing, threatening, obscene, offensive, hateful, abusive or inflammatory
your material does not take away or affect any other person's privacy rights, contract rights or any other rights, and does not otherwise break any laws of England and Wales;
your material does not promote any illegal activity or discrimination;
that you have the right to give us permission to use it for purposes specified above and that such use will not infringe the copyright, database right, trade mark, privacy or other rights of a third party;
your material is not in any way liable to mislead others or otherwise be detrimental to or inconsistent with our good name or reputation;
your material does not contain any virus or other code that may damage, interfere with or otherwise adversely affect the operation of the website;
if your material is intended to promote your own business or services, you will clearly and openly state your association with the particular business;
you will not falsify or delete any author attributions, legal or other proprietary notices, designations or labels; and
You acknowledge that we do not have a duty to publish any material you have provided.
We have the right to:
reject or refuse to post any material you have provided;
remove any material from any Yell Website, whether or not the material goes against any of these conditions; or
restrict, suspend or stop your access to all or any part of any Yell Website, at any time.
If you do not want to grant us the permission set out above on these terms, please do not provide any material to any Yell Website.
We do not edit, pre-vet or review any third party material displayed on any Yell Website. We operate a notice and take down procedure regarding such material. If you believe that any comment or review does not comply with the requirements set out in clause 26 above, please notify us immediately. We will then review the material and, where we deem it appropriate, remove the material within a reasonable time.
Please be aware of the following:
You use the website at your own risk.
We advise you to make sure you are satisfied with the exact type and nature of goods or services being offered by any organisations you search for using the Database. We also recommend that you check the qualifications of people, companies and organisations offering the goods or services . We are not an agent for and do not give guarantees for these organisations or their goods and services;
You should not rely on the website for advice; We cannot guarantee the accuracy of the results of any search made via the Yell KeywordSearch Tool;
The Yell Websites contains hyperlinks to websites run by companies other than Yell Limited. We do not control, and are not responsible for, any other websites made available from or through Yell Websites. We do not give any guarantees about their content or how they work . You access and use these sites at your own risk and will need to keep to any conditions of use that apply to those sites. We do not approve or sponsor any products, services or content you access or buy through these websites.
As far as the relevant laws allow, neither we nor any other members of our group of companies, shareholders, officers, shareholders, staff or other organisations connected to us (collectively, 'Yell Personnel') give you any guarantees that:
there will be no problems with how you use Yell Websites; or
the computer or server you use to log on to Yell Websites is free of viruses or other harmful programmes.
Limits to our liability
You acknowledge and agree that computer and telecommunications systems are not uninterrupted or fault free and we do not make any representation or warranty in relation to such systems. You further acknowledge and agree that occasional periods of downtime for repair, maintenance and upgrading may be required and we cannot therefore guarantee uninterrupted provision of the Yell Websites. We will take all commercially reasonable steps to minimise any such periods of interruption or non-availability.
You acknowledge and agree that we make no warranty and give no representation of any kind in relation to third party data and we accept no responsibility or liability for inaccuracy in or arising out of third party data.
Nothing in these Conditions shall limit or exclude liability in respect of death or personal injury caused by negligence, or fraudulent misrepresentation.
Under no circumstances will the Yell Personnel or any other organisation involved in creating, producing, maintaining or distributing the Yell Websites be liable for any of the following losses or damage (whether such losses or damage were foreseen, foreseeable, known or otherwise):
loss of revenue
loss of actual or anticipated profits (including for loss of profits on contracts);
loss of anticipated savings;
loss of business;
loss of opportunity;
loss of goodwill;
loss of reputation;
loss of, damage to or corruption of data or software;
wasted expenditure; or
any indirect or consequential loss or damage howsoever caused (including, for the avoidance of doubt, where such loss or damage is of the type specified in Clauses 37a to 37f).
If we do not keep to these Conditions, we will only be liable for losses you have suffered as a direct result. We are not liable to you for any other loss whether they are because we have not kept to our obligations or contract, because of our negligence, due to defamatory statements or liability for a product or service or otherwise as a result of:
using or relying on the Yell Websites;
not being able to use the Yell Websites;
any mistake, fault, failure to do something, missing information, or virus on the Yell Websites or if it does not work properly because of incidents outside of our control such as (but not limited to) interruptions to communication and networks and circumstances beyond our control;
theft, destruction of information or someone getting access to our records, programs or services without our permission;
goods, products, services or information received through or advertised on Yell Websites or any links provided by Yell Websites; or
any information, data, message or other material which you e-mail, post, upload, reproduce, send, or otherwise distribute or receive using the Yell Websites.
You will at all times and on demand fully indemnify us and keep us fully indemnified from and against any claims, threatened or made against us arising as a result of your non-compliance with any of your representations, warranties or obligations set out in these Conditions .
Failure of either party to assert its rights in relation to any breach of these conditions shall not constitute a waiver of such rights, nor will any such waiver be implied.
Each provision of these conditions shall be construed separately and shall be severable from these Conditions. If any provision of these conditions (or portion thereof) is invalid, illegal or unenforceable, the validity, legality or enforceability of the remainder of these conditions will not be affected or impaired.
A person who is not a party to these Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the provisions of these Conditions.
The Whole Agreement
These Conditions constitute the entire agreement between you and us with respect to the subject matter hereof, and supersedes all prior discussions, agreement or understanding between you and us.
The laws of England and Wales apply to your use of the Yell Websites and these Conditions. We control the Yell Websites from within the United Kingdom. However, you can get access to the Yell Websites from other places around the world. Although these places may have different laws from the laws of England and Wales, by using the Yell Websites you agree that the laws of England and Wales will apply to everything relating to you using a Yell Website and you agree to keep to these laws. We have the right to take you to court in the country you live in.